The court has the authority to cancel bail if the order suffers from serious infirmities resulting in miscarriage of justice, and if the accused misuses their liberty, interferes with the investigation, or threatens witnesses.

JUDGMENT :

Heard Mr. M. Kato, learned counsel for the petitioner. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. D. Kamduk, learned counsel for the respondent No. 2.

2. This is an application under Section 439(2) of the Code of Criminal Procedure, 1973, for cancellation of bail order dated 18.07.2023, passed by the learned Sessions Judge, Aalo, in B.A. No. 13/2023, in connection with Aalo WPS Case No. 11/2023, under Sections 376/511/354/506 of the Indian Penal Code readwith Section 8 of the POCSO Act, 2012.

3. The brief facts of the case is that an F.I.R. was filed before the Officer-In-Charge, Women Police Station, Aalo, West Siang District, Arunachal Pradesh, on 03.07.2023, alleging inter alia that on 01.07.2023, at around 1.45 p.m., the victim, namely, Ms. X (name withheld), aged about 13 years, was locked inside the room by the present accused/respondent No. 2 and attempted to commit rape on her and in that process, the accused sexually assaulted her and also kissed her in her private parts several times. The accused also threatened her not to disclose to anyone about the incident. Thereafter, on the strength of the said F.I.R., a case was registered under Women Police Station, Aalo, vide Aalo WPS Case No. 11/2023, under Sections 376/511/354/506 of the Indian Penal Code readwith Section 8 of the POCSO Act, 2012. The accused was accordingly arrested on the same day of lodging the F.I.R. However, the learned Sessions Judge, Aalo, West Siang District, vide order dated 18.07.2023, granted bail to the accused at the very nascent stage of investigation and even before recording of the statement of the victim under Section 164 Cr.P.C., which is mandatory to be recorded before the Magistrate. It is further stated that the learned Court below granted the bail hastily even without considering the prayer made by the I.O. of this case, who produced the relevant Case Diary and objected in granting bail to the accused. Further, despite there being a vehement objection by the prosecution, the learned Court below granted bail to the accused person vide impugned order dated 18.07.2023.

4. It is further stated that after few days from the release of the accused from police custody, the accused again followed the victim at her school campus and the victim was scared of him seeing him following till school campus and was very afraid of him, who once attempted to rape on her. When the matter was informed to the petitioner by the victim, he again lodge a complaint on 21.07.2023 before the Superintendent of Police as the Officer-In-Charge, Women Police Station, Aalo was not taking interest despite giving information to them. Thereafter, the Officer-In-Charge of the Women Police Station, Aalo forwarded the complaint to the learned Court below and stated that the accused had the malafideintention to influence the witness and he may cause harm to the victim if he get chance and accordingly, prayed for cancellation of bail order dated 18.07.2023. Thereafter, the petitioner/informant also filed an Interlocutory Application, being I.A. No. 01/2023 in B.A. No. 13/2023 before the learned Sessions Judge, Aalo for cancellation of bail order dated 18.07.2023. Notice was accordingly issued to the accused vide Order dated 27.07.2023 by the learned Sessions Judge, Aalo and next date for hearing was fixed on 04.08.2023. However, on the date fixed, due to some inconvenience, the hearing could not be taken and next date was accordingly fixed on 07.08.2023. But, after hearing the submissions made by both the parties, the learned Court below had rejected the prayer for cancellation of bail and passed the order dated 07.08.2023 in a most casual manner without even calling for the Case Diary and without considering the report of the Officer-In-Charge and the statement made by the witness under Section 164(4) of the Code of Criminal Procedure. Hence, the present petition praying for cancellation of bail order dated 18.